STATEMENT BY THE ATTORNEY-GENERAL

Published Thursday, 12 October, 2006 at 07:08 PM

Attorney-General and Minister for Justice and Women
The Honourable Linda Lavarch

At a press conference today I said I had never received a written outline of proposals by Jayant Patel’s lawyers for Patel to return to Queensland to face criminal charges.

A check of documents revealed I did receive a written memo about the proposals – dated June 27, which is after I had made my decision.

The memo was received several days after I had made my decision to reject the proposals. It also was received after I had advised the Premier of my decision.

I do not intend to release the memo, which is a privileged legal document.

My decision also was informed by independent advice from the Solicitor-General, who advised against giving any undertaking to Patel’s lawyers.

I was asked at the media conference whether the DPP had made a recommendation.

I responded: “On the 22 June, no.”

This is correct.

The memo that I received from the DPP, dated June 27, sets out an outline of the proposals.

The memo does contain a recommendation that I give the undertaking to Patel’s lawyers as requested by them.

But I emphasise that this came after I had already reached the decision that I would not give such an undertaking.

On the other hand, I spoke to the Solicitor-General on this issue before I made my decision.

The Solicitor-General advised against giving any undertaking to Patel’s lawyers.

He was of the view that extradition was preferable to the proposal.

Regardless of the advice given in the case, ultimately it is for the Attorney-General to decide.

I am always hesitant to reveal legal advices and their sources or the fact that I have obtained legal advices.

This is highly sensitive and confidential information and for that reason I will not be releasing the memo from the DPP.

I apologise that I have had to go to these lengths to clarify my earlier comments.

I can assure the victims of Patel that I was at all times acting in their best interests.

Media inquiries: Paul Childs, Linda Lavarch’s office, on 0407 131 654.